Fahim Hussain v The Registrar of Approved Driving Instructors

This appeal concerns a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made 10^th March 2026 to refuse to grant the Appellant a third trainee licence.

The Appellant was a trainee driving instructor who was granted a trainee licence under s.129 of the Road Traffic Act 1988 (Footnote: ¹) (‘the Act’) for a six-month period, then another, but was refused a further licence at the end of the relevant period. The Appellant passed his Part 1 examination on 6^th February 2024.

The Registrar’s reasons for refusal, in summary, were that the Appellant had not passed the final part of the ADI qualifying examination within the relevant period and as insufficient evidence of loss of training time was supplied that the Appellant had had long enough to progress, and the application to issue a third trainee licence was therefore refused.

The Appellant appeals the Registrar’s decision.

The Appellant’s Notice of Appeal, dated 17^th March 2026, indicated that there had been long delays in getting test dates and this affected his training potential. He indicated a family illness had played its part too. He asserted that he needed a third licence to recoup the costs of training.

The Respondent submitted a Response indicating that the decision letter sets out their position.

Latterly, via GRC5 form, the Registrar points out that two years have passed since he completed the Part 1 examination and therefore under Regulation 3(4)(c) of the Motor Cars (Driving instruction) Regulations 2005 he is unable to book any further tests. Accordingly there is no merit in him having a further licence and the appeal lacks merit.

I note that the Appellant indicates that he had his final test booked for 16^th April 2026.

Directions were issued on the18th June requiring information be provided to assist with determination of this Appeal. As a result of those directions the Respondent indicated that the test booked for 16^th April took place, and the Appellant failed that 3^rd attempt. His licence therefore ended at the failure.

The case was determined on the papers. The Tribunal considered the papers and came to the conclusion that such a determination was fair and appropriate, and in accordance with the Tribunal Rules and the wider interests of justice.

The Tribunal considered a bundle of evidence.

The Tribunal considered carefully all the papers before it.

Having considered the materials provided the Appellant’s third failure to pass his Part 3 examination means pursuant to Regulation 14 of the Motor Cars (Driving instruction) Regulations 2005 the trainee licence is of no effect and lapses.

The Appeal lacks any merit and accordingly must be dismissed with immediate effect.

DATE: 6^th July 2026